Search Legislation

Transport (Scotland) Act 2001

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Financial and competition provisions

 Help about opening options

Changes to legislation:

Transport (Scotland) Act 2001, Cross Heading: Financial and competition provisions is up to date with all changes known to be in force on or before 30 October 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Financial and competition provisionsS

36 Agreements providing for service subsidiesS

(1)Part V of the 1985 Act (expenditure on public passenger transport services) shall be amended as follows.

(2)In section 89 (obligation to invite tenders for subsidised services)—

(a)in subsection (7), after “section” there shall be inserted “ for the provision of services other than those mentioned in subsection (9) below ”; and

(b)after subsection (8) there shall be inserted—

(9)An authority issuing an invitation to tender under this section for the provision of any service for the carriage of passengers by road which requires, for the purposes of Part IV of this Act, a PSV operator’s licence, shall, in determining whether to accept a tender submitted in response to the invitation or which (if any) of several such tenders to accept, have regard in particular to—

(a)a combination of economy, efficiency and effectiveness;

(b)the implementation of—

(i)their local transport strategy; and

(ii)the general policies formulated by them under section 63(2)(b) of this Act or section 9A(1) of the Transport Act 1968 (c.73), as the case may be; and

(c)the reduction or limitation of traffic congestion, noise or air pollution.

(10)In subsection (9)(b)(i) above, “local transport strategy” has the meaning given by section 82(1) of the Transport (Scotland) Act 2001 (asp 2)..

(3)In section 90(3) (duty of authority to publish reasons for considering that payment of subsidies to secure service in accordance with accepted tender is conducive to achieving most effective and economic application of funds), for the words from “is conducive” to the end there shall be substituted “ accords with section 89(7), or as the case may be (9), of this Act. ”.

(4)In section 92(1) (authorities subsidising public passenger transport services not to inhibit competition between persons providing or seeking to provide such services in their area), for the words from “so” to “provide” there shall be substituted “ have regard to the interests of the public and of persons providing ”.

37 Competition test for exercise of bus functionsS

(1)The functions to which this section applies are those of—

(a)making and varying quality partnership schemes;

(b)making and varying ticketing schemes; and

(c)inviting and accepting tenders under section 89 or 91 of the 1985 Act (subsidised services).

(2)For the purposes of this section an authority or authorities propose to exercise a function to which this section applies—

(a)in the case of the function of making or varying a quality partnership scheme, once notice of a proposal to make or vary it has been given under section 5(1) of this Act;

(b)in the case of the function of making or varying a ticketing scheme, once notice of a proposal to make or vary it has been given under section 30(1) of this Act; and

(c)in the case of the function of inviting or accepting tenders under section 89 or 91 of the 1985 Act, once it is proposed to invite tenders under section 89(2) or 91(3) of that Act or to accept or not to accept a tender under section 89 of that Act.

(3)For the purposes of this section the exercise or proposed exercise of a function to which this section applies meets the competition test unless it—

(a)has or is likely to have a significantly adverse effect on competition; and

(b)is not justified by subsection (4) below.

(4)The exercise or proposed exercise of a function is justified if—

(a)it is with a view to achieving one or more of the purposes specified in subsection (5) below; and

(b)its effect on competition is or is likely to be proportionate to the achievement of that purpose or any of those purposes.

(5)The purposes referred to in subsection (4) above are—

(a)securing improvements in the quality of vehicles or facilities used for or in connection with the provision of local services;

(b)securing other improvements in local services of substantial benefit to users of local services; and

(c)reducing or limiting traffic congestion, noise or air pollution.

38 Grants to bus service operatorsS

(1)The Scottish Ministers may make grants to operators of eligible bus services towards their costs in operating those services.

(2)The Scottish Ministers may make provision by regulations as to the method of calculation of grants.

(3)Subject to any regulations under subsection (2) above, grants under this section shall be of such amount and subject to such conditions (including conditions requiring their repayment in specified circumstances) as the Scottish Ministers may determine.

(4)A determination under subsection (3) above may be made either generally or in relation to particular cases or classes of case.

(5)In this section “eligible bus services” means services of a class using public service vehicles (or such services using a class of public service vehicles) prescribed by regulations made by the Scottish Ministers.

(6)Section 92 of the Finance Act 1965 (c.25) (grants towards duty charged on bus fuel) and section 111 of the 1985 Act (unregistered and unreliable local services: reduction of fuel duty grant) are repealed.

Commencement Information

I1S. 38 wholly in force; s. 38 not in force at Royal Assent see. 84(2); s. 38(2) in force at 1.4.2001; S.S.I. 2001/132, art. 2 Sch.; s. 38 in force at 1.7.2002 insofar as not already in force by S.S.I. 2002/291 art. 2(a)

39 PenaltiesS

(1)Where the traffic commissioner is satisfied that the operator of a local service has, without reasonable excuse—

(a)failed to operate a local service registered under section 6 of the 1985 Act;

(b)operated a local service in contravention of that section or section 8(4) or 22(1)(b) or (2) of this Act; F1...

(c)failed to comply with section 32(1) or 34(3) of this Act,[F2; or ]

[F2(d)failed to comply with a requirement of regulations made under section 181A of the Equality Act 2010,]

the commissioner may impose a penalty on the operator.

(2)Subject to subsection (3) below, a penalty imposed under subsection (1) above shall be of such amount as the traffic commissioner thinks fit in all the circumstances of the case.

(3)The amount of a penalty mentioned in subsection (2) above shall not exceed—

(a)£550; or

(b)such other amount as the Scottish Ministers may by order specify,

multiplied by the total number of vehicles which the operator is licensed to use under all the PSV operator’s licences held by him.

(4)Any penalty imposed under subsection (1) above shall be payable to the Scottish Ministers.

(5)Where a penalty has been imposed on an operator under subsection (1) above, the traffic commissioner shall forthwith give notice in writing to—

(a)the Scottish Ministers; and

(b)the operator.

(6)Any operator on whom a penalty has been imposed under subsection (1) above may appeal to the Transport Tribunal against the imposition of the penalty.

(7)Any amount due under this section shall be recoverable as a civil debt.

Textual Amendments

F1Word in s. 39(1) omitted (26.6.2018) by virtue of Bus Services Act 2017 (c. 21), ss. 17(6)(a), 26(2); S.I. 2018/758, reg. 2

F2S. 39(1)(d) and word inserted (26.6.2018) by Bus Services Act 2017 (c. 21), ss. 17(6)(b), 26(2); S.I. 2018/758, reg. 2

40 Repayment of grants towards bus fuel dutyS

(1)Section 111 of the 1985 Act (unregistered and unreliable local services: requirement to repay twenty per cent. of bus fuel duty grants) shall be amended as follows (until the coming into force of section 38(6) of this Act).

(2)For subsection (1) there shall be substituted—

(1)Where the traffic commissioner for the Scottish Traffic Area is satisfied that the operator of a local service has, without reasonable excuse—

(a)failed to operate a local service registered under section 6 of this Act;

(b)operated a local service in contravention of that section or section 8(4) or 22(1)(b) or (2) of the Transport (Scotland) Act 2001 (asp 2); or

(c)failed to comply with section 32(1) or 34(3) of that Act,

he may make a determination to that effect..

(3)In subsection (3), for the words “twenty per cent.” there shall be substituted “ such percentage as the traffic commissioner thinks fit ”.

(4)After subsection (3) there shall be inserted—

(3A)The percentage determined under subsection (3) above shall be at least one per cent. but not more than twenty per cent..

Commencement Information

I2S. 40 wholly in force at 1.7.2001; s. 40 not in force at Royal Assent see s. 84(2); s. 40(1)(3)(4) in force at 1.4.2001 and s. 40(2) in force at 1.7.2001 by S.S.I. 2001/132, art. 2 Sch.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources